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HomeMy WebLinkAboutcocc_council_mtg_minutes_20221018CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday October 18, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Angela Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Deputy City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Executive Assistant to the City Manager/Office Manager Parks and Recreation/Community Affairs Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth Daniel LeFever John DeLeo Jeff Ratliff Dave Dickey Lisa Day Molly Thomas Jim Moore June Clark Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Mayor Morrison inquired if Council would like to remove Item 1 based on an email that was received (see attached). A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to remove Item 1 from the Agenda. The motion carried 5-0. PRESENTATIONS/INTERVIEWS: Proclamation declaring November 7, 2022 as "Color the World Orange Day" in the City of Cape Canaveral, presented to Janet Bernard: Mayor Morrison read and presented the Proclamation to Ms. Bernard. Ms. Bernard shared a story related to her personal experience with Complex Regional Pain Syndrome and thanked Mayor Morrison. Proclamation declaring November 1, 2022 as "National Family Literacy Day" in the City of Cape Canaveral, presented to Julie Adamson: Mayor Morrison read and presented the Proclamation City of Cape Canaveral, Florida City Council Regular Meeting • October 18, 2022 Minutes • Page 2 of 6 to Ms. Adamson. Ms. Adamson discussed the importance of literacy in the family and thanked Council. Presentation to John Pekar in recognition of his 27 years of dedicated service, professionalism and guidance as City Engineer for the City of Cape Canaveral: Mayor Morrison read and presented a City Plaque, a 20-year City Service Coin and a City Seal Coin to Mr. Pekar. City Manager Morley summarized Mr. Pekar's engineering services to the City. Mr. Pekar praised the City and Staff for its accomplishments, strong leadership, and expressed confidence in the City's bright future. Mr. Pekar thanked the City Council. Presentation by the Space Coast Transportation Planning Organization (SCTPO) on the Vision Zero initiative: Education and Safety Coordinator for the SCTPO Vision Zero Project, Kim Smith made the presentation to the City Council. Council expressed thanks to Ms. Smith who then thanked the Council. Presentation by ProChamps on year-end review of Short Term Rental Program: City Manager Morley explained the Item. Community and Economic Development Director Dickey distributed the latest updated information. ProChamps Representative Mike Baldwin addressed the Council. Discussion ensued and included how often the company gathers data on websites and increasing the frequency of such and Mr. Baldwin's offer to provide progress reports, fluctuation of total number of identified short-term rental properties, concerns over enforcement and the effectiveness of the City's Short -Term Rental Program. Code Enforcement Senior Officer Palmer discussed the City's educational community outreach to property owners, the burden of proof is on the City before issuance of Notice of Violation, due diligence and evidence gathering, prohibition of anonymous complaints by State statute, and how the long, drawn out process of enforcement and compliance hasimproved with the use of ProChamps. The Council and City Manager Morley thanked Mr. Baldwin. PUBLIC PARTICIPATION: John Benton discussed a request for a code reduction hearing. Larisa Tully, resident and business owner, discussed concerns regarding the City's Short -Term Rental Program. Jonathan Haley, resident, property and business owner, discussed concerns regarding the City's Short -Term Rental Program. OLD BUSINESS: 1. Consideration and final action on the Code Enforcement Special Magistrate's Report and recommendation regarding a request for a lien reduction for violations at 321 Johnson Avenue: Removed from the Agenda due to the request of the property owner's legal representative (see attached). 2. Resolution No. 2022-15; providing for the division of vacant land owned by Mike and Collette DiChristopher, husband and wife, and located at the eastern terminus of East Central Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9- 21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: City Manager Morley provided a summary of the Item including long-standing issues related to Brevard County's process for subdividing properties and impacts on property owners' ability to meet City of Cape Canaveral, Florida City Council Regular Meeting • October 18, 2022 Minutes • Page 3 of 6 development standards of the City Code, and Code Sec. 98-107(b)(3) which references a 15 percent extra width requirement for a corner lot that Staff, the City's consultant Allen Engineering and the Planning and Zoning Board had not considered when Council last heard the Application. City Manager Morley discussed how Code Sec. 98-107(b)(3), which was pointed out to him by resident Patrick Campbell, is new and relevant information; and based on that information, recommended Council require the Applicant obtain a variance should the Application be approved. City Manager Morley discussed the original Plat and commented that the West property line, shown as a vertical line on the Survey, had been moved 25 feet to the East by a previous owner, and how Council's decision would impact the property depending on which of the three options are approved. Discussion ensued and included desire to save time by giving the Planning and Zoning Board another chance to re -consider the Item versus desire to proceed with allowing the parties present to speak. City Attorney Garganese advised the Application is quasi- judicial, the burden of proof is on the property owners to demonstrate compliance with the City Code, they should be given the ability to present their Application first, allow the public to comment, then Applicant rebuttal related to those comments. City Attorney Garganese performed a group swearing -in of individuals for testimony. Mike DiChristopher, Applicant and property owner, presented testimony, and confirmed that, except for the 15 percent extra width requirement for a corner lot, all written documentation was submitted into the record by Attorney Kevin P. Markey on his behalf. Attorney Markey, inquired about the 15 percent requirement in the City Code. City Manager Morley reviewed City Code Sec. 98-107(b)(3) and the three options before City Council. Community and Economic Development Director Dickey discussed and presented seven slides for presentation not included as part of the Agenda Packet. Discussion ensued and included the purpose of the slides being an easier way to understand the complicated issue before Council, and Allen Engineering having not yet updated its recommendation since the new issue was brought forward. Attorney Markey discussed lot split versus subdivision as defined in City Code Sec. 98-107(b)(3), and inquired what the City's interpretation is of the lot split component contained therein. Community and Economic Development Director Dickey indicated the issue had not yet been fully vetted or discussed by the Planning and Zoning Board and discussed requirements of the Code related to the Application. Lamar Russell, resident, was sworn in, discussed the property owned by the Applicant located at 151 E. Central Boulevard which the Applicant testified as the same configuration as what is being requested for the subject property, and therefore the Applicant may indeed have what is defined as a hardship. Patrick Campbell, resident, discussed opposition to the proposed lot split, inquired if Allen Engineering provided an opinion regarding the 15 percent extra width requirement, and indicated the property at 151 E. Central Boulevard is not identical to the subject property as referenced in a summary he provided to Council and Staff. Community and Economic Development Director Dickey indicated he did not receive a response nor did he have a discussion with Mr. Allen regarding the 15 percent extra width requirement. Attorney Markey confirmed he received an email from City Attorney Garganese containing a 20-page summary document that Mr. Campbell presented to the City Council. Mayor recessed the meeting at 8:13 p.m. The meeting was reconvened at 8:25 p.m. Applicant DiChristopher stated he is not lying about 151 E. Central Boulevard, is not asking for anything different for the subject property and discussed plans for developing the property. Discussion ensued and included support for the proposed lot split and variance due to hardship, Staff's added information, and whether the Application meets the Code criteria or not. City Attorney Garganese explained Agenda Item Options 1, 2 and 3, and what is required to happen depending on which Council approves. Discussion continued regarding why Staff is not making a City of Cape Canaveral, Florida City Council Regular Meeting • October 18, 2022 Minutes • Page 4 of 6 recommendation, the Options, Council's responsibility to make a decision, and the possibility of adding a fourth option. City Attorney Garganese advised that Staff is presenting the Application that was filed, how supplementing the Application with a variance would be required due to the fact it does not meet the criteria after the lot having been illegally split in 1984, and Council could decide to recognize what the Applicant owns today as one lot with one home. Discussion continued on support for sending the Item back to the Planning and Zoning Board to review the 15 percent extra width requirement, a need for some level of consensus from Council to approve the Application, placing the burden of proof on Staff rather than the Applicant, support for Mr. Campbell's comments, City Attorney Garganese' clarification on how the Applicant's property and adjacent properties were previously subdivided in 1984 without City approval, desire for additional evidence, and desire for more information from Allen Engineering. Community and Economic Development Director Dickey read the email from Michael Allen, Allen Engineering, dated September 1, 2022 into the record. Discussion ensued regarding allegations that Mr. Campbell's questions regarding measurements of the subject property have not been answered. Mr. DiChristopher discussed the difference between definitions of lot split and subdivision of land within the City Code, that he is not developing a subdivision, therefore the 15 percent extra width requirement does not apply to his Application for Lot Split, which meets the criteria. Discussion continued regarding opposition to approve the Application based on the Code requirements, the need for Allen Engineering to provide an opinion, and the impact of the existing 25-foot vertical line on the Applicant property. City Attorney Garganese advised Council on his recommendations based on their choice of options. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to bring back a final order memorializing Option 2 to deny the Application as presented, with a resolution recognizing the property owned by the Applicant, currently, as a developable lot. Discussion ensued regarding the need to hear the rest of the Council's opinion. City Attorney Garganese clarified the motion on the floor and advised this action is not final until Council meets again to take final action on the written order. Don Haynes, Cocoa Beach resident, was sworn in and provided public comment in support of the Applicant. The motion carried 5-0. A motion was made by Mayor Morrison, seconded by Council Member Willis, to extend the meeting to 10:15 p.m. The motion carried 3-2, with Council Members Davis and Raymond voting against. City Attorney Garganese advised Council of Staff's need to make a report at the end of the Agenda involving the Brevard County Supervisor of Elections Certification of Election Results. CONSENT AGENDA: Mayor Morrison removed Item 4, discussed desire to follow procedures in the City Code and his opinion as to why Council must interview Planning and Zoning Board Members Lamar Russell and John Price prior to reappointing them to the Board. 3. Approve the Meeting Minutes of the City Council September 6, 2022 Workshop, September 7, 2022 First Budget Hearing, September 21, 2022 Regular, and September 27, 2022 Emergency Meetings. 4. Resolution No. 2022-26; reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (R. Lamar Russell and John Price) 5. Resolution No. 2022-27; adopting the goal of Vision Zero, advocating that no loss of life is acceptable on our City streets; providing for the repeal of prior inconsistent resolutions, severability and an effective date. City of Cape Canaveral, Florida City Council Regular Meeting • October 18, 2022 Minutes • Page 5 of 6 6. Approve Amendment No. 1 to Task Order No. 1 to MBV Engineering, Inc. in the amount of $40,100 for Construction Phase Engineering Services as part of the Water Reclamation Facility Structural Buildings Project and authorize City Manager to execute same. 7. Approve Third Amendment to existing Interlocal Agreement for Stormwater Education and Outreach with Brevard County including the City's annual contribution of $4,152 and authorize City Manager to execute same. 8. Approve Sanitary Collection/Transmission System Evaluation Program Proposal from Tetra Tech in the amount of $89,257 and authorize City Manager to execute same. A motion was made by Council Member Raymond, seconded by Council Member Willis, to approve the Consent Agenda Items 3, 5, 6, 7 and 8. The motion carried 5-0. #4. Mayor Morrison thanked Mr. Russell and Mr. Price for serving on the Planning and Zoning Board and inquired if they desired to serve another three years. Mr. Russell and Mr. Price both indicated desire to continue serving the community. A motion was made Mayor Morrison, seconded by Council Member Willis, to reappoint both Mr. Russell and Mr. Price to the Planning and Zoning Board. The motion carried 5-0. PUBLIC HEARINGS: 9. a. Ordinance No. 17-2022; amending of the City's Sign Code related to Feather Flags; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 17-2022, at second reading. The motion carried 5-0. b. Resolution No. 2022-25; amending Appendix B, Schedule of Fees of the City Code to include a Permit Fee related to Feather Signs under Section 94-86 of the City Code; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date: City Attorney Garganese read the title into the record and explained the Item. A motion was made by Council Member Raymond, seconded by Council Member Davis, to adopt Resolution No. 2022-25. The motion carried 5-0. 10. Ordinance No. 18-2022; amending Chapter 102 — Vegetation, Article II. — Tree Protection; providing for amendments to comply with State Law preemptions under Florida Statutes; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, second reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 18-2022, at first reading. The motion carried 5-0. 11. Ordinance No. 20-2022; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital City of Cape Canaveral, Florida City Council Regular Meeting • October 18, 2022 Minutes • Page 6 of 6 Fund Budgets for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022; providing for an effective date, first reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Raymond, to adopt Ordinance No. 20-2022, at first reading. The motion carried 5-0. REPORTS: City Attorney Garganese discussed the upcoming City Council Election of Tuesday, November 8, 2022, and advised that the State and Federal requirement for certification of overseas ballots, if any, will not be counted by the Brevard County Supervisor of Elections Canvassing Board until ten days after the General Election on Friday, November 18, 2022; how the City Charter states that any newly elected Mayor and Council Members shall assume the duties of office at the next Regular Meeting of the City Council following their election; the next Regular Meeting scheduled for Tuesday, November 15, 2022 occurs before the Canvassing Board will count the overseas ballots; and Brevard County Supervisor of Elections will issue a final certification of Election results on Tuesday, November 22, 2022. City Attorney Garganese explained Staff is asking permission to present details and timelines of the issue and to receive City Council direction at either a Special Meeting or at the already scheduled City Council Workshop Meeting on Tuesday, November 1, 2022 to discuss the Florida Department of Transportation (FDOT) State Road A1A Improvements options. Discussion ensued regarding the counting of overseas ballots, the unknown number of those ballots, the Brevard County Supervisor of Elections process of emailing overseas ballots the day of the Election, and the need to be consistent with meeting times to avoid confusion. Council reached consensus to add the newly elected officials seating item to the Tuesday, November 1, 2022 Agenda and to style the meeting as a Regular City Council Meeting. ADJOURNMENT: The Meeting was adjourned at 10:14 p.m. Mia Goforth, City-Clerk Wes Morrison, Mayor SEAL of Cape Canaveral, Florida October 18, 2022 City Council Regular Meeting Minutes Attachment From: howard poznanski<howardwpoznanskiPbellsouth.net> Sent: Tuesday, October 18, 2022 1:05 PM To: David Dickey <D.DickeyPcityofcapecanaveral.org>; Anthony Garganese <agarganesePorlandolaw.net> Cc: Brian Palmer <B.Palmer@cityofcapecanaveral.org> Subject: Re: October 18, 2022 City of City Cape Canveral Regular Meeting 6:00 PM re Special Magistrate Report - 321 Johnson Avenue Mr. Dickey: I just spoke with Brian Palmer and he took my number: 954-562-9496 - so you can give me a call to discuss a postponement. I have provided my next available dates below. Thank you. Howard Poznanski, Esquire P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 On Tuesday, October 18, 2022 at 12:53:43 PM EDT, howard poznanski <howardwpoznanski(&,,beilsouth.net> wrote: As you know, I represent Jeffery W. Wells and his entities. The above matter is on the Agenda for this evening's Regular Meeting. Due to an emergency, I am requesting an adjournment. Since meetings occur on the 3rd Tuesday of each month, I would request that this matter be rescheduled to January 17, 2023. Unfortunately, as of now, my calendar has conflicts on November 15 and December 20. Kindly confirm the adjournment and advise. Thank you. Howard Poznanski, Esquire P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing.